Minnesota

Bill H.F. 2891 (2003-2004)

Introduction
This bill pertains to companies rather than individuals. The text does
not define the services or procedures in question, a point that is
favourable to protection of conscience. However, the requirement that
the objecting health care company refer the patient for the
objectionable services or procedures is inconsistent with freedom of
conscience. Conscientious objectors who view referral as a form of moral
complicity would not only be denied the free exercise of conscience and
religious liberty, but would be exposed to civil action for adhering to
their beliefs. [Administrator]

As Introduced:
83rd Legislative Session (2003-2004)

A bill for an act relating to health; providing for the protection of
conscience and religious liberty in health care; proposing coding for new
law in Minnesota Statutes,chapters 62Q; 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [62Q.675] [HEALTH CARE CONSCIENCE PROTECTION.]

Subdivision 1. [REQUIREMENT.]

If a health plan company does not provide certain services or coverage on
moral or insured or enrollee in the certificate of coverage or member
contract of the restrictions imposed. The health plan company must ensure
that insureds or enrollees are able to exercise their own conscience and
have access to the full range of legal medical services. At a minimum, the
health plan company must refer an insured or enrollee to a provider that
provides the denied services.

Subd. 2. [CAUSE OF ACTION.]

An insured or enrollee injured by violation of this section may bring an
action against the health plan company for compensatory damages, injunctive
or other equitable relief, attorney fees, and costs.

Sec. 2. [145.4137] [HEALTH CARE CONSCIENCE PROTECTION.]

Subdivision 1. [REQUIREMENT.]

If a provider, as defined in section 144.335, subdivision 1, paragraph (b),
does not provide certain services on moral or religious grounds, the
provider must inform the patient of the restrictions imposed. The provider
must ensure that patients are able to exercise their own conscience and have
access to the full range of legal medical services. At a minimum, the
provider must refer a patient to a provider that provides the denied
services.

2.6 Subd. 2. [CAUSE OF ACTION.]

A patient injured by violation of this section may bring an action
against the provider for compensatory damages, injunctive or other equitable
relief, attorney fees, and costs.